[governance] DMP} Statement on Process and Objectives for the Global Multistakeholder Meeting on the Future of Internet Governance

[Norbert Bollow]

Milton L Mueller <mueller at syr.edu> wrote:

> Can you elaborate more on what kind of "immunities" you think ICANN -
> as DNS governor only - would need?

Some issues that come to mind immediately include:

1) Immunity from trademark law in relation to the identifiers managed
by ICANN - so that identifiers which are trademarked in the jurisdiction
of ICANN's host country can be used as a TLD identifier, and domains
under that TLD can be used by competitors of the trademark holder in
countries where that identifier is in fact a generic term that cannot be
trademarked. For example, "Buch" (German for "book") could be a
trademark in ICANN's host country if that is not a German-speaking
country, but in German-speaking countries it's a generic term that
cannot be trademarked, so the presence of a trademark in ICANN's host
country should not prevent .buch from being used in German-speaking
countries as a domain for book related websites.

2) Immunity from any law of the host county related to aiding and
abetting violations of copyright and related rights (as these rights
are defined in the jurisdiction of ICANN's host country) when the only
relationship between ICANN and the infringing website consists in the
website's use of the domain name system.

3) Immunity of the DNS governor function from any export control
regulations and other restrictions that the host country might
generally impose on doing business with entities of belonging to
specific countries. For example, TLD registries should have an
assurance that even if ICANN's host country should happen to declare
war against the country in which the registry is incorporated, ICANN
will still fully fulfill its commitments.

Greetings,
Norbert

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